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MATERNITY MATTERS National Union of Teachers

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MATERNITY MATTERS National Union of Teachers Powered By Docstoc
					                                             MATERNITY MATTERS
                                             May 2011 Edition



FOREWORD

“Maternity Matters” is the NUT’s guide to teachers’ maternity rights. It aims to
explain, as simply as possible, the various maternity and parental rights available
to all teachers, whether full or part time.

The main provisions governing the rights of women teachers to maternity leave and pay
are set out in the Burgundy Book, the national agreement on teachers’ conditions of
service in England and Wales. The statutory scheme runs parallel to the Burgundy Book
scheme. Significant improvements have been achieved by the Union in negotiations
with a number of local education authorities at local level.

It is impossible in this guidance to anticipate every potential question about maternity
entitlement. Reading the guidance will, however, answer the majority of the questions
you are likely to have. If any aspect remains unclear, my colleagues in your NUT
regional office in England or NUT Cymru in Wales will be happy to expand on the
information contained in this guidance.


CHRISTINE BLOWER
General Secretary



 MATERNITY MATTERS – LOCAL ARRANGEMENTS

 The information, advice and guidance set out by the NUT on these web pages
 concerns national legislation and national agreements. The NUT web pages do not
 include details of local arrangements which may have been negotiated and agreed by
 individual local authorities. You should consult your NUT regional office in
 England or NUT Cymru in Wales for details of any such arrangements. See
 Appendix B for contact details.

 INFORMATION FROM EMPLOYERS

 Your contract of employment should refer to the maternity scheme applying to you
 and details of that scheme should be available from your employer. These should set
 out your entitlements in respect of the maternity schemes open to you. If you do not
 have that information you should seek it from your employer, initially via your
 head teacher or principal.




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CONTENTS

This index of contents uses hyperlinks to help you navigate around this
document. Simply click on the section or subsection you want to look at - and
the hyperlink will take you straight there.

Section 1:        Sources of Maternity Rights

1.1      Where are my entitlements set out?
1.2      What are my entitlements?
1.3      Is the Burgundy Book scheme part of my contract of employment?
·        teachers working in the local authority sector
·        teachers working outside the local authority sector
1.4      Is there any local agreement improving upon the Burgundy Book?
1.5      What are the requirements for “continuous employment”?

Section 2:        Working during your Pregnancy

2.1      Time off for antenatal care
2.2      Employers’ health & safety obligations towards pregnant employees
2.3      Sick leave during your pregnancy
2.4      Rubella and other infectious diseases

Section 3:        Maternity Leave & Maternity Pay under the Burgundy Book Scheme

3.1     Qualifying for maternity leave and pay under the Burgundy Book
3.2     Requirements for continuous employment
3.3     Maternity leave and maternity pay: your Burgundy Book entitlements
3.4     Beginning your maternity leave
·       notification requirements
·       date of starting maternity leave
3.5     Miscarriage/ stillbirth
3.6     Keeping in Touch (KIT) Days
3.7     During your Maternity Leave
3.8     Returning to work
·       notification requirements
·       requirement to return to work for 13 weeks
·       right to return to the same job
3.9     Resigning your post

Section 4:        Statutory Rights:   Maternity Leave, Statutory Maternity Pay &
                  Maternity Allowance

4.1      Maternity leave and maternity pay: your statutory entitlements
4.2      Beginning your maternity leave
·        notification requirements
·        date of starting maternity leave




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Section 4:        Statutory Rights:    Maternity Leave, Statutory Maternity Pay &
                  Maternity Allowance (contd)

4.3     Returning to work
·       notification requirements
·       right to return to your job
4.4     Statutory maternity pay
4.5     Maternity allowance
4.6     Keeping in Touch (KIT) Days
4.7     During your Maternity Leave
4.8     Resigning Your Post
4.9     Accrual of Statutory Annual Leave During Maternity Leave

Section 5:        Other Statutory Rights: Parental Leave, Paternity Leave and Pay,
                  Adoption Leave and Pay, and Time Off for Family Reasons

5.1      Statutory rights to parental leave
5.2      Statutory rights to paternity leave and pay
5.3      Statutory rights to adoption leave and pay
5.4      Statutory rights to unpaid time off for family and domestic reasons

Section 6:        Returning to Work

6.1      Right to return to your job
6.2      Redundancy/reorganisation
6.3      Unfair dismissal and discrimination because of pregnancy
6.4      Returning to work on a flexible basis - part-time or job sharing
6.5      Employers’ health & safety obligations towards new and nursing mothers

Section 7:        Pregnancy and Health & Safety

Section 8:        Having Your Baby: Further Information

8.1      National Insurance
8.2      Superannuation and pension rights
8.3      State medical benefits
8.4      Health in Pregnancy Grant
8.5      Childcare Vouchers provided under a salary sacrifice scheme
8.6      Entitlement to paid maternity leave for women having a baby through surrogacy


Section 9:        Useful Addresses and Glossary

9.1      Useful addresses
9.2      Glossary of terms

Appendix A: Letter of Notification of Pregnancy

Appendix B: Addresses of NUT Regional Offices/NUT Cymru

Appendix C: Pregnancy And Maternity Planner




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SECTION 1: SOURCES OF MATERNITY RIGHTS

1.1      WHERE ARE MY ENTITLEMENTS SET OUT?

        Statutory maternity rights applying to all employees, including teachers, are set
        out in the Work and Families Act 2006 and Employment Rights Act 1996 and
        other associated regulations.

        Most teachers are also covered by the maternity rights scheme for teachers set
        out in the Burgundy Book national agreement on conditions of service, negotiated
        with employers by the six teachers' organisations. The Burgundy Book has
        traditionally provided superior entitlements compared to the statutory scheme.

        Recent improvements to statutory rights, however, mean that this is no longer the
        case in every respect. At the moment, statutory maternity rights and the
        Burgundy Book scheme are running in parallel. Revised guidance will be
        published if this situation changes. Regulations allow employees to exercise their
        statutory and contractual maternity rights as a “composite” right and teachers
        therefore benefit from the most favourable combination of the statutory and
        contractual provisions.

1.2      WHAT ARE MY ENTITLEMENTS?

        Your entitlements to maternity leave and pay depend largely on:

                 whether the Burgundy Book scheme is part of your contract of
                  employment;

                 whether there is a local agreement applying to you which improves on
                  what is offered to teachers under the national agreement; and

                 whether you have the required length of “continuous employment” to
                  qualify for these entitlements. This may also be referred to as ‘continuous
                  service’.

1.3      IS THE BURGUNDY BOOK SCHEME PART OF MY CONTRACT OF
         EMPLOYMENT?

         Teachers Working In the Local Authority Sector

         Teachers employed in the local authority sector, other than supply teachers, will
         generally have the Burgundy Book scheme included in their contract of
         employment.

                 If you work in a local authority-maintained community or voluntary-
                  controlled school, your employer is the local authority. Your contract of
                  employment will automatically include the Burgundy Book scheme.

                 If you work in a local authority-maintained foundation or voluntary aided
                  school, your employer is the school governing body. Your contract of
                  employment will, other than in a very small number of cases, include the
                  Burgundy Book scheme.


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                 There is, however, a small number of foundation and voluntary aided
                  schools which do not apply the Burgundy Book scheme in full but only
                  count continuous employment at that particular school for the purposes of
                  calculating entitlement to maternity leave and pay. Further, a small
                  number of foundation and voluntary aided schools, which were previously
                  grant maintained schools, have their own maternity schemes introduced at
                  that time. These cannot, however, be less favourable than the statutory
                  scheme set out in Section 4 of this document and teachers who worked in
                  the school prior to it becoming grant maintained will have retained
                  entitlement to the provisions of the Burgundy Book scheme.

                 If you work in a teaching role in a centrally-organised local authority
                  support service to schools on teachers’ pay and conditions, your employer
                  is the local authority. Your contract of employment will automatically
                  include the Burgundy Book scheme. Soulbury staff, however, are not
                  employed on teachers’ conditions of service. Their maternity scheme is
                  the one which applies to local authority staff. If you are employed on
                  Soulbury conditions and you need advice on maternity arrangements you
                  should contact your regional office in England or NUT Cymru in Wales.
                  References to “head teachers” in this document should be read as
                  references to the head of service for centrally employed staff.

                 The Burgundy Book maternity scheme does not, however, apply to supply
                  teachers who are employed in local authority maintained schools on a
                  daily basis, either employed directly by the local authority or school
                  governing body or via a teaching agency.

        Teachers Working Outside The Local Authority Sector

         Teachers who work outside the local authority sector will not necessarily have the
         Burgundy Book scheme included in their contracts of employment. Refer to the
         appropriate section below for relevant information.

         Sixth Form Colleges

                 If you work in a sixth form college, you will be subject to the Maternity
                  Scheme agreed between the teachers’ organisations and the Sixth Form
                  Colleges Employers’ Forum. This scheme replicates the Burgundy Book
                  scheme but with one important difference. The sixth form college scheme
                  incorporates a much wider definition of “continuous employment”.
                  Teachers who work in sixth form colleges can count, therefore, previous
                  continuous employment with most public sector organisations towards the
                  one year’s continuous employment required for the full maternity pay and
                  leave provisions of the scheme.

        City Technology Colleges (CTCs) and Academies

                 CTCs and Academies can establish their own maternity provisions,
                  provided that they observe the basic statutory rights set out in Section 4.

                 However, teachers who were employed at the predecessor schools and
                  transferred to the employment of the CTC or Academy when it assumed


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                  that status retain their previous contractual rights, including their rights
                  under the Burgundy Book maternity scheme.

                 Teachers who took up their posts after their CTCs or Academies had
                  acquired their new status are in a different position. They will be covered
                  by the establishment’s own scheme. This may be inferior to the Burgundy
                  Book scheme in certain respects. Continuous employment may, for
                  example, be dated only from their date of appointment to the CTC or
                  Academy, so that teachers’ previous continuous service in the local
                  authority sector may not count towards the qualifying period for maternity
                  leave and pay. CTCs and Academies may, however, choose to recognise
                  previous employment and the NUT urges them to do so.

        Independent Schools

                 The proprietors of independent schools are free to establish their own
                  maternity provisions, subject only to the basic statutory maternity rights as
                  outlined in Section 4. Some independent schools do follow the provisions
                  of the Burgundy Book scheme but some count only continuous
                  employment at that particular school for the purposes of calculating
                  entitlement to maternity leave and pay. If you work in an independent
                  school, your contract of employment will set out the maternity rights to
                  which you are entitled.

        Supply Teacher Agencies

                 The proprietors of supply agencies are free to establish their own
                  maternity provisions, subject only to the basic statutory maternity rights as
                  outlined in Section 4. If you work for a supply agency, your contract with
                  the agency should set out the maternity rights to which you are entitled.

1.4     IS THERE ANY LOCAL AGREEMENT IMPROVING UPON THE BURGUNDY
        BOOK WHICH APPLIES TO ME?

        If you work in the local authority sector you may find that there is a local
        agreement in place between the local authority and the teachers’ organisations
        which gives entitlements superior to the national agreement, for example longer
        periods of leave or improved payments. You can seek advice on this from your
        NUT regional office or NUT Cymru in Wales.

1.5      WHAT ARE THE REQUIREMENTS FOR “CONTINUOUS EMPLOYMENT”?

        A minimum period of continuous employment is required to qualify for some
        elements of the statutory maternity scheme and the Burgundy Book scheme, in
        particular the maximum entitlements to maternity pay and maternity leave.

        Calculating your length of continuous employment needs care. There are specific
        definitions of continuous employment both for the statutory scheme and the
        Burgundy Book scheme which are explained in the glossary. If you are unsure
        about your entitlements, advice can be obtained from your NUT regional office or
        NUT Cymru in Wales.




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        To be entitled to the provisions of the Burgundy Book scheme, you must still be
        employed at the date you take your leave. A break in your service before you start
        maternity leave will affect your entitlements to maternity pay. Teachers whose
        fixed-term contracts expire without being renewed before their maternity leave
        commences will not be entitled to occupational maternity leave or pay. Expiry of
        a fixed-term contract shortly before the commencement of maternity leave does
        not, however, affect your entitlement to receive Statutory Maternity Pay as set out
        in Section 4.




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SECTION 2: WORKING DURING YOUR PREGNANCY

2.1      TIME OFF FOR ANTENATAL CARE

         All pregnant employees, whether full or part time, regardless of their length of
         continuous employment, are statutorily entitled to paid time off to keep
         appointments for antenatal care made on the advice of a registered medical
         practitioner, registered midwife or registered health visitor. This statutory right is
         incorporated in the Burgundy Book maternity scheme at para 3. You must
         provide evidence of appointments if requested to do so by your employer, except
         in the case of a first appointment.

         Antenatal care is not restricted to medical examinations. Government guidance
         specifies that it could, for example, include relaxation classes and parentcraft
         classes as long as these are advised by a registered medical practitioner,
         registered midwife or registered health visitor. Government guidance also
         recommends that fathers-to-be should be permitted to take time off on full pay to
         attend antenatal appointments.

2.2      EMPLOYERS’ HEALTH & SAFETY OBLIGATIONS TOWARDS PREGNANT
         EMPLOYEES

         Employers have specific legal obligations regarding the health and safety of
         pregnant employees in addition to their general health and safety obligations to
         all employees.      Under the Management of Health and Safety at Work
         Regulations 1999, as soon as an employee has notified her employer in writing
         that she is pregnant, the employer is required to undertake a “risk assessment”
         which assesses the specific risks to her condition arising out of her work and take
         appropriate steps to eliminate them. See Section 7 of this guidance for full
         details on this area.

2.3      SICK LEAVE DURING YOUR PREGNANCY

        You are entitled to paid sick leave if you are ill before the start of your maternity
        leave. However, if you are ill wholly or partly because of pregnancy after the
        beginning of the 4th week prior to the expected week of childbirth, your maternity
        leave will begin automatically.

        Taking maternity leave does not affect your entitlement to accrue your sick leave
        entitlement which will apply to any absence on sickness grounds following your
        return from maternity leave.

2.4      RUBELLA AND OTHER INFECTIOUS DISEASES

        Teachers are entitled under Para 11.1 of the Burgundy Book maternity scheme to
        absent themselves from school during the early months of pregnancy if advised to
        do so by medical practitioners because of the risk of rubella. Leave with full pay
        will be granted, provided that teachers do not unreasonably refuse to serve in
        other schools where there is no undue risk of rubella. In addition, where medical
        practitioners advise teachers not to attend school for precautionary reasons due
        to infectious disease at their workplace, for example chickenpox, Paragraph 10.3
        of the Burgundy Book sick pay scheme allows full sick pay during this period




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        which is not reckoned against other sick leave entitlement under that scheme.
        See Section 7 for further information.




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SECTION 3: MATERNITY LEAVE AND MATERNITY PAY UNDER THE BURGUNDY
BOOK SCHEME

3.1     QUALIFYING FOR MATERNITY LEAVE AND PAY UNDER THE BURGUNDY
        BOOK

        There are two levels of maternity entitlement set out in the Burgundy Book. Your
        entitlement depends on your length of continuous employment. It is not, however,
        affected by the number of hours you work per week.

        All pregnant teachers are entitled to remain absent from work for up to 52 weeks.

        Entitlement to the provisions of the Burgundy Book scheme and to maternity pay
        during maternity leave, however, depends upon the length of continuous service
        with one or more local authorities.

3.2      REQUIREMENTS FOR CONTINUOUS EMPLOYMENT

         The Burgundy Book scheme defines continuous employment as including
         employment “with one or more local authorities”, including previous employment
         in other community and voluntary-controlled schools in the same or other local
         authorities where there has not been a break in employment. Most employers in
         the local authority sector also recognise employment in voluntary-aided and
         foundation schools in other local authorities for the purposes of continuous
         employment.

3.3      MATERNITY LEAVE AND MATERNITY PAY : YOUR ENTITLEMENTS UNDER
         THE BURGUNDY BOOK

         Your entitlement will depend upon the length of your continuous service by the
         relevant qualifying date. The qualifying date for statutory maternity pay is the
         beginning of the 15th week before the expected week of childbirth, known as the
         EWC. For the Burgundy Book entitlements, the qualifying date is the beginning
         of the 11th week before the EWC. For the purposes of assessing entitlement to
         maternity leave and pay, teachers can be placed into one of four categories. The
         full provisions of the Burgundy Book scheme are available to teachers who fall
         into categories 1 and 2.

         Note that for the purpose of the Burgundy Book scheme, a week’s pay is the
         amount payable under the current contract of employment. If there are significant
         variations in your salary, the average salary over the 12 weeks preceding the
         date of absence shall be treated as a week’s salary.

CATEGORY 1

Teachers with at least 26 weeks' continuous employment with their current
employer and at least 1 year's continuous employment with one or more local
authorities.

Teachers who have by the qualifying date completed at least 1 year’s continuous
employment with one or more local authorities will benefit from the full entitlements
under the Burgundy Book scheme. If they have completed at least 26 weeks’




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continuous employment with their current employer, they will also be entitled to Statutory
Maternity Pay.

Eligible teachers will be entitled to the following benefits.

Ordinary maternity leave of up to 26 weeks which will be paid leave as follows:

        first 4 weeks of absence:           full pay inclusive of Statutory Maternity Pay (SMP);
        next 2 weeks:                       90 per cent of a week’s salary inclusive of SMP;
        next 12 weeks:                      half pay plus £128.73 SMP (not exceeding full pay);
        next 8 weeks:                       £128.73 SMP.

Additional maternity leave of up to a further 26 weeks, 13 of which will be paid at the
SMP rate of £128.73 per week, with the remaining 13 weeks unpaid.

Such teachers can now remain absent for a total period of up to 52 weeks. They will
also be entitled to take statutory unpaid parental leave at the end of this period, since
they will satisfy the requirement for 1 year’s continuous employment with the current
employer.

CATEGORY 2

Teachers with less than 26 weeks’ continuous employment with their current
employer but at least 1 year’s continuous employment with one or more local
authorities

Teachers who have by the qualifying dates completed at least 1 year’s continuous
employment with one or more local authorities will be entitled to the full benefits of the
Burgundy Book scheme. If, however, they have completed less than 26 weeks’
continuous employment with their current employer, they will not be entitled to all of the
statutory provisions. In particular, they will not be entitled to Statutory Maternity Pay,
although they may be entitled to the state benefit Maternity Allowance (MA) depending
on their recent National Insurance contributions record in other employment. Teachers
in this category are entitled to be absent for up to 52 weeks.

Eligible teachers will be entitled to the following benefits:

Ordinary maternity leave of up to 26 weeks, of which either 18 or 26 weeks will be paid
leave as follows:

        first 4 weeks of absence:           full pay, inclusive of MA if eligible;

        next 2 weeks:                       90 per cent of a week’s salary, inclusive of MA if
                                             eligible;

        next 12 weeks:                      half pay plus £128.73 MA if eligible (not exceeding
                                             full pay);

        next 8 weeks:                       £128.73 MA if eligible, otherwise unpaid.




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Additional maternity leave of up to a further 26 weeks, 13 of which will be paid to
teachers who qualify for MA at the rate of £128.73 per week, with the remaining 13
weeks unpaid.




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The Burgundy Book scheme allows mothers to take unpaid maternity leave for up to 29
weeks after the week of the birth. They may also be entitled to take statutory unpaid
parental leave at the end of their maternity leave period provided that by that date they
have at least one year’s continuous employment with their current employer. It may also
be possible to agree additional unpaid leave for any teacher in this category on an
individual basis with the employer.

CATEGORY 3

Teachers with at least 26 weeks’ continuous employment with their current
employer but less than 1 year’s continuous employment with one or more local
authorities

CATEGORY 4

Teachers with less than 26 weeks’ continuous employment with the current
employer and less than 1 year’s continuous employment with one or more local
authorities

Teachers who fall into category 3 will not be entitled to the occupational maternity pay
provisions of the Burgundy Book, although they will benefit from maternity leave and pay
offered under the statutory scheme. Teachers who fall into category 4 will be entitled to
take up to 52 weeks’ maternity leave but will have only limited statutory entitlements to
pay, depending on their National Insurance contributions. See Section 4 of this
guidance.

3.4      BEGINNING YOUR MATERNITY LEAVE

        Notification Requirements

         The earliest you can begin your maternity leave is 11 weeks before the expected
         week of childbirth (EWC). To calculate the 11th week prior to the expected week
         of childbirth, you need to count back 11 Sundays from the Sunday prior to the
         expected date of childbirth.

         The Burgundy Book scheme requires that notification of pregnancy should
         be given to “the employer”. Where the local authority is the employer it
         may provide for notification to be given to the school, for example to the
         head teacher.       You should check, in advance, the arrangements for
         notification applying in your school or college. The NUT believes, however,
         that the notification requirement is satisfied if the notification is given by
         the due date to your head teacher or principal.

        To be entitled to take maternity leave you must meet the conditions described
        below.

                 You must give your employer written notification of your pregnancy, your
                  wish to be absent for maternity and the date on which you wish to begin
                  your maternity leave, at least 15 weeks before your expected week of
                  childbirth, unless you have good cause for not doing so. A model letter of
                  notification is attached at Appendix A. If requested by the employer, you




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                  must produce a certificate from a registered medical practitioner or a
                  certified midwife stating the expected week of childbirth.

                 As noted above, some local authorities expect this notification to be sent
                  to your head teacher. It may, however, help your school in any case if you
                  send a copy of this notification to your head teacher.

                 Within 28 days of receiving this notification, your employer must inform
                  you of your “expected date of return”, which is determined on the basis
                  that you will take the maximum amount of leave to which you are entitled.

                 If you intend to return from your maternity leave earlier than this “expected
                  date of return”, you are not required to indicate this at the start of your
                  maternity leave. You can choose to notify your employer during your
                  maternity leave that you wish to return earlier than this date, provided you
                  give 21 days’ notice.

         In order to receive maternity pay under the Burgundy Book scheme, you must
         also at this stage declare in writing that it is your intention to return to work after
         the period of maternity leave. You may change your mind later about returning to
         work, although this may mean that you are required to repay part of your
         maternity pay. Please refer to section 3.8. If you decide not to return, you will
         need to give notice of your intention to resign your post. Please refer to section
         3.9.

         Date of Starting Maternity Leave

         You can stop work and start maternity leave no earlier than 11 weeks before the
         expected week of childbirth.

         If you are in any doubt about when you wish to start maternity leave, the Union
         advises that you should choose a date on which to begin your maternity leave as
         close to the expected week of childbirth as it is medically safe to do so. If, at a
         later stage, you find it necessary to begin your maternity leave earlier than this
         date, you will be able to do so, subject to the requirement for 28 days’ notice. In
         any event, if you are absent due to pregnancy-related sickness during the 4
         weeks before the expected week of childbirth, maternity leave will be triggered
         early.

         If, however, you choose a particularly early date to begin your maternity leave
         and then decide you would like to carry on working for some weeks longer, you
         will be able to, provided you give 28 days’ notice. It is important to choose the
         actual date very carefully so that you receive maximum benefits.

         Where a teacher is absent from work, however, wholly or partly because of
         pregnancy or childbirth after the beginning of the 4th week before the expected
         week of childbirth, then maternity leave will automatically be triggered from that
         date. Where the baby is born before the maternity leave is due to commence, the
         day following the date of the birth will be regarded as the first day of maternity
         leave.




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         Salary ceases and maternity pay begins on the day on which absence begins,
         irrespective of whether it is a school holiday. Once your maternity leave period
         has commenced, any school holiday periods will be included in your period of
         maternity leave.

3.5      MISCARRIAGE/STILLBIRTH

        In the case of a miscarriage prior to 24 weeks of pregnancy, consequent absence
        will be treated as sick leave and you will receive sick pay for that period. It will be
        necessary to provide a medical statement from your doctor.

        In the tragic circumstances of stillbirth, which is defined as taking place after 24
        weeks of pregnancy, or of neonatal death, you will be entitled to the same
        maternity leave and pay as if the pregnancy had reached full term. At any time
        during this period, you may give your employer 21 days’ notice of your intention to
        return to work. Should you then not be fit to return to work on your notified day of
        return if, for example, your medical statement certifies postnatal depression, then
        you would be entitled to sick leave/pay in accordance with the usual sick pay
        provisions.

3.6      KEEPING IN TOUCH (KIT) DAYS

        Please refer to section 4.6 for information on KIT days.

3.7.     DURING YOUR MATERNITY LEAVE

         All your terms and conditions of employment except those relating to your normal
         pay will apply during your statutory maternity leave period of 52 weeks.
         Employers who provide child care vouchers (which are not deemed to be pay) to
         women with children must continue to provide the vouchers for the duration of the
         statutory maternity leave. It will be discriminatory to stop providing the vouchers
         on the grounds that you are pregnant, on maternity leave or not in receipt of pay.
         Similarly, women on maternity leave must not be required to return school lap
         tops during their leave simply on the grounds that they are on maternity leave.

3.8      RETURNING TO WORK

         Notification Requirements

         You must return to work at the end of your period of entitlement to maternity
         leave unless you have chosen to return early.

         As noted above, it is assumed that you will be returning at the end of the 52
         weeks’ maximum period of maternity leave to which you are entitled. You
         therefore need to give notice of your return to work only if you are
         returning earlier than that date.

         You should check, in advance, the arrangements for notification applying in your
         school or college, but the NUT believes that the notification requirement is
         satisfied if the notification is given by the due date to your head teacher or
         principal.




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         During your period of maternity leave, you and your employer are entitled to
         make ‘reasonable contact’ with each other for the purpose of keeping in touch,
         for example to discuss the practicalities of returning to work.

         If, however, you wish to return to work before the end of your maximum period of
         entitlement, you must give notice in writing. The notice must be given to the
         employer at least 21 days before the date on which you propose to return. If that
         notice is not given, your employer may postpone your return for up to 21 days or
         to the end of your maximum maternity leave period if earlier.

         If you fall ill during your period of maternity leave, you are advised to contact your
         NUT regional office in England or NUT Cymru in Wales, who will be able to
         advise you of the options available to you.

         If you suffer from post natal depression which is likely to last more than 12
         months, the illness may fall within the legal definition of disability, which means
         you would be protected from discrimination for reasons related to the disability.
         You are advised to seek further advice from your NUT regional office in England,
         or NUT Cymru in Wales, if you suffer from post natal depression during your
         maternity leave.

         If you are sick on the day that you are due to return from maternity leave,
         whether because of post natal depression or for any other reason, you will be
         treated as if you have returned to work and will be entitled to paid sick leave
         under the usual arrangements. You should inform your employer as soon as
         possible and submit a medical certificate from your doctor. Should you know
         prior to the date of return that you are unlikely to be fit to attend work on the day
         of return from maternity leave, it would be helpful to inform your employer of this
         in advance.

         More information on post-natal depression can be found in Section 7 of this
         document.

         Requirement to Return to Work for 13 Weeks

         It is important to note that a condition of entitlement to maternity pay under the
         Burgundy Book scheme is that you must return to work after the birth for a period
         of at least 13 weeks. If you do not, then your employer is entitled to reclaim part
         of the maternity pay paid to you.

         If you were working full-time prior to maternity leave, then you are required to
         complete the equivalent of 13 weeks’ full-time service on your return to teaching.
         If you were working part-time prior to maternity leave, you are required to
         complete the equivalent of 13 weeks’ service on that part-time basis. Where you
         move to part-time work, or part-time work on a different basis, following your
         return, you are allowed to complete the equivalent of these periods on your new
         part-time basis. School holidays and half terms can be included, together with
         any subsequent periods of sick leave.

         Failure to return for the necessary period will mean that your employer has the
         discretion to claw-back your maternity pay insofar as it exceeds the amount




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         payable as Statutory Maternity Pay. You may, however, keep the first 6 weeks’
         payments and will not have to refund any payments of Statutory Maternity Pay.

         The NUT’s view is that teachers who are unable to complete the 13 weeks’
         service for a reason which is in the hands of their employers, for example the
         expiry of fixed term contract, should not be expected to repay maternity pay. In
         addition, some local authorities have a policy of not reclaiming maternity pay if
         teachers return to work at another school after obtaining new posts while on
         maternity leave. The NUT believes that returning to work on this basis should be
         regarded by the current employer as sufficient to comply with this condition.
         Further advice on these matters can be sought from your appropriate NUT
         regional office in England or NUT Cymru in Wales.

         Whilst you were on maternity leave and receiving maternity pay, both you and
         your local authority will have continued to make contributions to the Teachers’
         Pension Scheme, albeit at a lower rate, which will not reduce your service for
         pension purposes. If, however, you fail to return for the necessary period, any
         payments made to you or on your behalf in excess of those entitlements, such as
         tax or National Insurance contributions, may have to be refunded.

         Right to Return to the Same Job

         You are entitled under the Burgundy Book to return to your job unless that is not
         practicable due to redundancy. See Section 6 for more information on this area.

3.9      RESIGNING YOUR POST

         Teachers taking maternity leave who choose to resign once their maternity leave
         has started are subject to provisions for contractual notice in the usual way. It is
         open to your employer to waive the full notice requirements. The NUT expects
         employers to be sympathetic to the needs of teachers whose circumstances will
         have changed once their child is born.

         As noted above, you may have to repay maternity pay if you do not return for the
         necessary period. Contact your NUT regional office in England or NUT Cymru in
         Wales, if you require more advice on this area.

         If you do not wish to apply for occupational maternity leave and pay and you do
         not wish to return to your post after having your baby you must inform your
         employer that you wish to terminate your employment. The contractual notice
         requirements do not apply in these circumstances. You must give at least 21
         days’ notice of your resignation for your contract to end on the day of the birth or
         up to 11 weeks beforehand. You will not receive contractual pay but you will still
         be entitled to Statutory Maternity Pay as set out in Section 4. The precise date of
         the end of your employment will be determined by discussion between you and
         your employer. If you subsequently change your mind, however, there is no
         requirement for your employer to give you your job back. The NUT recommends
         that you discuss your wish to resign and your contractual notice obligations with
         your NUT regional office in England or NUT Cymru in Wales.




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SECTION 4: STATUTORY RIGHTS:     MATERNITY                                  LEAVE,   STATUTORY
MATERNITY PAY AND MATERNITY ALLOWANCE

This Section outlines the provisions on statutory maternity rights relevant to teachers
who are not entitled to the full provisions of the Burgundy Book maternity scheme for
maternity leave and maternity pay.

4.1     MATERNITY LEAVE                  AND       MATERNITY      PAY   :    YOUR    STATUTORY
        ENTITLEMENTS

         The Employment Rights Act 1996, as amended by the Work and Families Act
         2006 contains the statutory rights to maternity leave and pay. It provides two
         statutory maternity schemes: one covers all pregnant employees, the other gives
         extended rights to those who have worked for longer with their employer. It
         further provides women taking maternity leave with a certain level of protection
         against dismissal or other detriment.

         There are two statutory maternity benefit schemes. Statutory Maternity Pay
         (SMP) is paid by employers on behalf of the state to women employed during
         pregnancy. Maternity Allowance (MA) is a state benefit paid by JobCentre Plus
         directly to women who have not worked for long enough to claim statutory
         maternity pay.

         As explained in Section 3 of this guidance, your entitlements will depend upon
         the length of your continuous service and which of 4 categories you fall into. The
         qualifying dates are explained on pages 10-11. Teachers who fall within
         categories 1 and 2 are entitled to the full provisions of the Burgundy Book
         scheme and their position is considered in Section 3. The following considers the
         entitlements of those teachers who fall into categories 3 and 4 and are not
         entitled to the Burgundy Book provisions.

CATEGORY 3

Teachers with at least 26 weeks’ continuous employment with their current
employer but less than 1 year’s continuous employment with one or more local
authorities

Teachers who, by the qualifying dates, have completed at least 26 weeks’ continuous
employment with their current employer, but who have less than 1 year’s continuous
employment with one or more local authorities, including their current employer, will
qualify for the full statutory provisions but will not qualify for the Burgundy Book
entitlements.

Eligible teachers will be entitled to the following benefits.

Ordinary maternity leave of up to 26 weeks, paid as follows:

        first 6 weeks of absence:           SMP equal to 90 per cent of a week’s salary;
        next 20 weeks:                      SMP at £128.73.




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Additional maternity leave of up to 26 weeks, 13 weeks of which will be paid at the
SMP rate of £128.73, the rest unpaid. Teachers who fall into this category can therefore
remain absent for a total period of up to 12 months and will receive SMP for 39 weeks.
They will also be entitled to take statutory unpaid parental leave at the end of this period,
since they will satisfy the requirement for 1 year’s continuous employment with the
current employer.

CATEGORY 4

Teachers with less than 26 weeks’ continuous employment with the current
employer and less than 1 year’s continuous employment with one or more local
authorities

Teachers with less than 26 weeks’ continuous employment by the qualifying dates either
with the current employer or with one or more local authorities will not qualify for the
Burgundy Book entitlements. They will be entitled to take up to 52 weeks’ maternity
leave but will have only limited statutory entitlements to maternity pay and, depending
upon their National Insurance contributions record in recent employment, to the state
Maternity Allowance benefit. See paragraph 4.5 for information on qualifying for
Maternity Allowance.

Eligible teachers will be entitled to the following benefits.

Ordinary maternity leave paid as follows:

        26 weeks’ maternity leave for which no SMP will be payable but for which
         £128.73 MA will be payable if eligible depending on their NI contributions.

Additional Maternity Leave paid as follows.

Teachers in this category qualify for the further period of 26 weeks’ statutory additional
maternity leave, 13 weeks of which will be paid if eligible at the MA rate of £128.73 a
week, with the rest in unpaid. They are also entitled to take statutory unpaid parental
leave either at the end of their maternity leave period or shortly afterwards, provided that
by that date they have at least one year’s continuous service with their current employer.
It may also be possible to agree additional unpaid leave for any teacher in this category
on an individual basis with the employer.

4.2      BEGINNING YOUR MATERNITY LEAVE

         Notification Requirements

         The statutory provisions provide that notification of pregnancy should be
         given to “the employer” according to arrangements determined by the
         employer. You should check, in advance, the arrangements for notification
         applying in your school or college. The NUT believes, however, that the
         notification requirement is satisfied if the notification is given by the due
         date to your head teacher or principal.




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         You are required to inform your employer no later than the end of the 15th week
         before your expected week of childbirth or, exceptionally, as soon as you
         reasonably can:

                 that you are pregnant;

                 the date of your expected week of childbirth and, if requested, a midwife or
                  doctor’s certificate; and

                 the date on which you intend your ordinary maternity leave to commence.

        The notification needs to be in writing if requested by your employer. It is
        preferable that you make such a written notification for the purpose of keeping a
        record. It is also advisable to inform your employer of your pregnancy as soon as
        you feel comfortable doing so. Once you have done so, your period of protection
        from detriment starts.

        Your midwife or GP will give you a MAT B1 Form when you are about six months’
        pregnant. You should be prepared to produce this to confirm your pregnancy.

        You can vary your leave start date by giving your employer 28 days' notice.

        Date of Starting Maternity Leave

        You can start your maternity leave at any time from 11 weeks before the week
        your baby is due. It is up to you to decide and you can work up until the week of
        childbirth. Your SMP will start on the same day as your maternity leave, i.e. the
        date notified to the employer. The only exception is if you have a pregnancy-
        related illness during the last four weeks of your pregnancy. In this case, your
        maternity leave will be automatically triggered.

        Where the baby is born before the maternity leave is due to commence, the day
        following the date of the birth will be regarded as the first day of maternity leave
        and pay.

        It is a legal requirement that you do not work for two weeks following the date of
        childbirth. During the ordinary maternity leave period, all your contractual rights,
        except your normal pay, will continue as if you were not absent from work.

        Your employer must, within 28 days of receiving notice of your intention to take
        maternity leave, give you written notice of the date that your maternity leave
        entitlement will end, i.e. the end of 52 weeks.

4.3      RETURNING TO WORK

        Notification requirements

        If you are going back to work at the end of your 52 weeks’ maternity leave period,
        you do not need to give any notice of return. Your employer will assume that you
        will take advantage of the full entitlement unless you give notice that you intend to
        return before the end of your entitlement.




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        If you do wish to return to work before the end of the period of leave to which you
        are entitled, you must give your employer 8 weeks' notice of the date on which
        you wish to return. If you do not give such notice, your employer may postpone
        your return for up to 8 weeks or to the end of your entitlement if earlier.

        You should check, in advance, the arrangements for notification applying in your
        school or college. The NUT believes, however, that the notification requirement is
        satisfied if the notification is given by the due date to your head teacher or
        principal.

        Rights to return to your job

        If you return at the end of 26 weeks’ ordinary maternity leave, you are entitled to
        return to the job in which you were employed before your absence and on the
        same contractual terms. You should be treated as if you had never taken leave. If
        you return after additional maternity leave of between 26 and 52 weeks, however,
        you are entitled to return either to that job or, if that is not reasonably practicable,
        to another which is both suitable and appropriate for you in the circumstances.

        For further information on this area, including what should happen if notice of
        redundancy is given while you are on maternity leave or if your school is
        reorganised, see Section 6.

4.4      STATUTORY MATERNITY PAY

         Qualifying Conditions

         To qualify for statutory maternity pay you must have worked continuously for the
         same employer for at least 26 weeks by the end of the 15th week before the
         week the baby is due. For the definition of 'continuous employment' please refer
         to the glossary. To find the 15th week, look on a calendar for the Sunday before
         your baby is due, or the day it is due if that is a Sunday, and count back 15
         Sundays from there. You must have worked at least 26 weeks with your
         employer by the end of that week in order to qualify for statutory maternity pay.
         You must still be employed in that job in the 15th week before the baby is due
         and you must earn at least £102.00 [2011/2012] per week on average during the
         8 weeks before the 15th week. You do not lose your entitlement to SMP if you
         leave employment after the 15th week or do not intend to return to work.

         Rate of Statutory Maternity Pay

         For the first six weeks you get 90 per cent of your average pay. After that you get
         the basic rate of statutory maternity pay, which, at the date of publication, is
         £128.73 per week, for up to 33 weeks. Statutory maternity pay is only payable
         when you are away from work so if you work at any time during your maternity
         leave you will not get statutory maternity pay for that week. The exception to this
         is the introduction of Keeping In Touch (KIT) days, which allow women to work
         for up to 10 days without bringing their maternity leave to an end or losing SMP
         or MA. Further information on this is set out at the end of this section.




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         Period of Payment

         Statutory maternity pay is paid for up to 39 weeks. It is for you to decide how
         many weeks you wish to claim. The earliest week that you can get statutory
         maternity pay is the 11th week before the birth. If, however, your baby is stillborn
         from week 16 before the expected date of childbirth, you can now get statutory
         maternity pay.

         You are entitled to 39 weeks’ maternity pay whenever you decide to leave work.
         If you have a pregnancy related illness in the 4 weeks before the baby is due and
         this triggers your maternity leave, you will not be able to claim statutory sick pay.
         If, however, your illness is not pregnancy related, you can claim statutory sick
         pay until your maternity leave and pay start.

         How to Claim

         To claim statutory maternity pay you may apply at the same time that you give
         notice to your employer of your pregnancy and your intention to take maternity
         leave. This would be by the end of the 15th week before the expected week of
         the birth. If you have not already requested SMP, you may write to your employer
         at least 28 days before you stop work, asking that you be paid statutory maternity
         pay. If you have not already done so, you must send them a copy of your
         Maternity Certificate, Form MAT B1 which your GP or midwife will have given
         you. Under the Burgundy Book scheme, the first 18 weeks’ pay includes SMP
         and occupational maternity pay, the SMP being claimed on your behalf by your
         employer. If you were entitled to occupational maternity pay it would not be
         necessary for you to make any claim apart from informing your employer that you
         wished to receive statutory maternity pay when giving notification of absence.

4.5      MATERNITY ALLOWANCE

         Qualifying Conditions

        Maternity Allowance is available for women who work just before or during their
        pregnancy but who are not eligible for statutory maternity pay. If you gave up
        work or changed jobs during your pregnancy you may be entitled to Maternity
        Allowance.
        Maternity Allowance is claimed from your social security office. You must have
        worked and paid full national insurance contributions for at least 26 of the 66
        weeks before the week in which the baby is due. You must have been earning on
        average £30.00 a week or more.

        You cannot receive Maternity Allowance for any week in which you work or are
        entitled to statutory maternity pay.

        If you are still working, you can choose when to start getting Maternity Allowance.
        The earliest you can start getting Maternity Allowance is from the 11th week
        before the week in which the baby is due. The latest is from the day following the
        date on which the baby is born.




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        If you are on sick leave for a pregnancy related reason in the 4 weeks before the
        week the baby is due, your Maternity Allowance will start from the day following
        the first day you were off sick for that reason in that 4 week period.

        Rate and Period of Payment

        If you are eligible, you will receive the lower of £128.73 a week or 90 per cent of
        your average weekly earnings for up to 39 weeks.

        How to Claim

        You will need Form MA1 from your antenatal clinic or social security office. You
        will also need to obtain the Maternity Certificate, Form MAT B1, from your midwife
        or doctor when you are about 6 months pregnant and Form SMP 1 from your
        employer if you have been turned down for statutory maternity pay.

        Fill in Form MA 1 and send it to your social security office with the other forms.
        Send in Form MA 1 as soon as you can after you are 26 weeks’ pregnant. Do not
        delay in sending it in because you are waiting for MAT B1 or SMP 1, as these can
        be sent in later.

4.6      KEEPING IN TOUCH (KIT) DAYS

         Employers and employees are entitled to make ‘reasonable contact’ with each
         other during maternity leave in order to discuss the practicalities of returning to
         work. In addition, employees may take up to 10 mutually agreed ‘Keeping in
         Touch’ days during ordinary or additional maternity leave without losing SMP.
         These 10 days may be taken regardless of whether the employee works on a full
         or part time basis.

         KIT days may also be taken by adopters without loss of Statutory Adoption Pay
         (SAP). Under the KIT day scheme, ‘work’ includes work, training, or other
         activities undertaken for the purpose of keeping in touch with the workplace. A
         woman who attends work for three hours’ training will have used one of her KIT
         days.

         Women are not permitted to carry out any work for the employer, including KIT
         days, during the two week period of compulsory maternity leave following the
         birth of a child.

         You are advised to contact your NUT regional office in England or NUT Cymru in
         Wales before agreeing to work KIT days.

         The regulations on keeping-in-touch days are silent on the question of how much
         an employee should be paid for working so this will be a matter for agreement
         between you and your employer.

         It is important to note that if your employer pays you any extra contractual pay
         your employer is entitled to off-set it against any SMP paid for that week.




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         For this reason, should you decide you would like to work for up to 10 days
         before the end of your maternity leave, you may wish to do so during the unpaid
         period of maternity leave.

         You are not obliged to work KIT days. Your employer cannot force you to do so.

4.7      DURING YOUR MATERNITY LEAVE

         All your terms and conditions of employment except those relating to your normal
         pay will apply during your statutory maternity leave period of 52 weeks.
         Employers who provide child care vouchers (which are not deemed to be pay) to
         women with children must continue to provide the vouchers for the duration of the
         statutory maternity leave. It will be discriminatory to stop providing the vouchers
         on the grounds that you are pregnant, on maternity leave or not in receipt of pay.
         Similarly, women on maternity leave must not be required to return school lap
         tops during their leave simply on the grounds that they are on maternity leave.

4.8      RESIGNING YOUR POST

         Please refer to section 3.9.

4.9      ACCRUAL OF STATUTORY ANNUAL LEAVE DURING MATERNITY LEAVE

         The position is complex but the majority of women teachers returning from
         maternity leave will not be entitled to annual leave on their return.

         Teachers are entitled to 28 days statutory annual leave under the Working
         Time Regulations and they must be allowed to take this leave outside of their
         maternity leave. Teachers will accrue their statutory annual leave during their
         maternity absence. The situation is complex because the Working Time
         Regulations also state that employers can determine when the statutory leave
         is taken and teacher employers have advised that the statutory leave should
         be offset against periods of school closure. The annual leave year as far as
         teachers are concerned usually runs from 1st September – 31st August. In
         most cases, therefore, periods of school closure before and after the
         maternity leave period will more than equal the 28 day annual leave
         entitlement.

         In addition, where the return from annual leave is so close to the end of the
         leave year that there is not enough time to take the annual leave, a teacher
         must be allowed to carry this balance forward to the following leave year. The
         teacher can then be required to take this during the remaining periods of
         school closure after the 28 days annual leave for that leave year has been
         accommodated.

         Teachers who resign and do not, therefore, return at the end of their maternity
         leave period may, in some cases, be entitled to additional payment in lieu of
         their accrued annual leave entitlement. In the case of teachers who resign,
         any additional payment will help off-set any occupational maternity pay that
         has to be re-paid following a failure to return to work for 13 weeks.




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SECTION 5: OTHER STATUTORY RIGHTS:  PARENTAL LEAVE, PATERNITY
LEAVE AND PAY, ADOPTION LEAVE AND PAY, AND TIME OFF FOR FAMILY
REASONS

This section outlines the statutory rights to parental leave, paternity leave and pay,
adoption leave and pay, and to unpaid time off for urgent domestic reasons.

5.1      STATUTORY RIGHTS TO PARENTAL LEAVE

        The parental leave provisions of the Employment Rights Act 1996 and the
        Maternity and Parental Leave Regulations give men and women employees with
        one year’s service a right to take unpaid leave to care for their children. Please
        see the glossary for the definition of 'continuous employment'.

        Women taking maternity leave can choose whether to take unpaid parental leave
        immediately following maternity leave or later. Parental leave is an additional right
        to your maternity rights under the Burgundy Book.

        Thirteen weeks’ unpaid leave per child - eighteen in the case of a disabled child -
        can be taken in total. A maximum of four weeks’ leave per child per year can be
        taken in blocks or multiples of a week, unless the child is entitled to disability
        living allowance. Parents of a child with a disability can take the leave a day at a
        time or longer if they wish. Leave can be taken:

                 any time up to and including the child’s fifth birthday, taking a maximum of
                  4 weeks per child in any one year;

                 if a child is entitled to disability living allowance, up to and including the
                  child’s 18th birthday;

                 where the child has been adopted, up to and including the fifth anniversary
                  of the adoption, or the child’s 18th birthday, whichever is earlier.

        When you return after parental leave, you are entitled to return to the post in
        which you were previously employed. If it is not reasonably practicable for your
        employer to allow you to return to that post, you must be allowed to return to
        another which is both suitable and appropriate for you in the circumstances. The
        terms and conditions must not be less favourable than would have applied if you
        had not been absent on parental leave.

        The NUT recommends that to make a request for parental leave, teachers should
        ask for parental leave in accordance with local arrangements for paternal or other
        leave. You should give 21 days' notice of taking leave. An employer can ask to
        see evidence of parental responsibility. An unmarried father may be asked to
        provide evidence, for example, such as a birth certificate showing registration as
        the child’s father or a parental responsibility order if appropriate.

        If the leave is to be taken by a father starting on the day of his child’s birth, the
        notice given must be at least 21 days before the expected week of childbirth, and
        specify the expected week of childbirth and the length of leave which is to be
        taken.




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        If the leave is to be taken from the date of adoption, notice must be given at least
        21 days before the week in which the adoption placement is to occur, and must
        specify the week in which the placement is expected and the duration of leave to
        be taken. In all other cases, at least 21 days’ notice must be given, specifying the
        dates on which the leave is to begin and end.

        If a woman wishes to take parental leave immediately following maternity leave,
        she should ensure compliance with the 21 days’ notice.

5.2      STATUTORY RIGHTS TO PATERNITY LEAVE AND PAY

         Statutory paternity leave and paternity pay is available to fathers, and the
         partners of mothers of children born on or after 6 April 2003. You may have a
         contractual right to paternity leave and pay as well as your statutory right. You
         may combine these rights and you may take advantage of whichever ‘provision’
         is more favourable. If in doubt, you should seek advice from your NUT regional
         office in England or NUT Cymru in Wales.

         Statutory Paternity Leave

        Statutory Paternity Leave is absence from work for the purpose of caring for a
        newborn child or for supporting the child's mother.

        To qualify, a teacher must:

                 be the child's father or the spouse or partner, same or opposite sex, of the
                  child's mother;

                 have or expect to have responsibility or the main responsibility for child's
                  upbringing;

                 have been continuously employed by their employer for at least 26 weeks
                  ending with the 15th week before the expected week of birth; and

                 give proper notice and evidence to their employer.

         Eligible teachers may choose to take either one or two consecutive weeks'
         paternity leave.

         Statutory paternity leave may be taken before 56 days from the date of the child's
         birth and cannot start before the birth of the child. It may begin on the date the
         child is born, or on a date falling a specific number of days after date child is
         born, or on a specific predetermined date after the expected week of the birth.

         Paternity leave will start on the date in your notice. If you choose to start leave on
         the date of the birth and you are at work on that date, leave begins the day after
         the birth.

         If the child is born early, you may take your paternity leave between the birth and
         56 days after the birth. If the child is born late, you may take your paternity leave




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         between the birth and 56 days after the first day of the expected week of the
         birth. You are still entitled to take the leave if the baby is stillborn after 24 weeks.

         Applying for Statutory Paternity Leave

         You must give your employer notice of your intention to take paternity leave by
         the end of the 15th week before the expected week of the birth. You may use
         Inland Revenue form 'SC3 - Becoming a Parent' to give notice of leave and to
         apply for Statutory Paternity Pay. Your notice must specify the expected week of
         the birth, the length of leave you wish to take and the date you wish your leave to
         begin.

         Where your employer requests, you must supply a signed declaration that the
         purpose of the absence is to care for a child or to support the child's mother, that
         you are the child's father or the mother's partner; and that you have the main
         responsibility for the child's upbringing.

         If you wish to change your start date you must give your employer 28 days'
         notice, in writing if requested.

         You must give your employer notice of the birth as soon as is reasonably
         practicable after the date child was born.

         Returning to work

         Your employment contract will continue during statutory paternity leave. You are
         entitled to the benefit of your normal terms and conditions of employment, except
         terms relating to your normal salary.

         In most cases, if you return to work from statutory paternity leave and there is no
         redundancy situation, you are entitled to return to the same job on the same or
         improved terms and conditions. If a redundancy situation has arisen, you are
         entitled to be offered a suitable alternative position on terms which are not
         substantially less favourable.

         If you return to work from paternity leave which immediately followed additional
         maternity leave or additional adoption leave or parental leave of more than four
         weeks, you are entitled to return to the same job or if that is not reasonably
         practicable to an alternative job on no less favourable terms and conditions.

         Statutory Paternity Pay

         Statutory Paternity Pay is a weekly payment made by employers to eligible
         employees for one or two weeks.

         You will be entitled to Statutory Paternity Pay if you:

                 are the child's father or the spouse or partner of the child's mother;

                 have or expect to have responsibility or the main responsibility for the
                  child's upbringing;




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                 have been continuously employed by the same employer for at least 26
                  weeks ending with the 15th week before the expected week of the birth;

                 have been employed by the same employer from the end of the 15th week
                  before the expected week of birth to the date of the birth; and

                 earn at least £102.00 per week for 8 weeks ending with the 15th week
                  before the expected week of the birth.

         Applying for Statutory Paternity Pay

         You should complete form 'SC3 - Becoming a Parent' which gives notice of
         intention to take paternity leave and serves as an application form for Statutory
         Paternity Pay. You must give your employer at least 28 days' notice of the date
         from which you wish the payment to start.

         If you are entitled to paternity pay and leave, you may give notice at the same
         time so long as you give notice by the end of the 15th week before the expected
         week of the birth and at least 28 days before you wish payment to begin.

         The weekly rate of Statutory Paternity Pay from April 2011 is the lower of
         £128.73 or 90 per cent of your weekly earnings.

5.3      ADDITIONAL PATERNITY LEAVE AND ADDITIONAL STATUTORY
         PATERNITY PAY

         The Government has introduced a new right to Additional Paternity Leave and
         Additional Statutory Paternity Pay for fathers of babies due on or after 3 April
         2011 or matched for adoption on or after that date. Under the new right, mothers
         will be able to transfer the last 6 months of their maternity leave, or part of that
         leave to the father. Details of the new provision are set out below:

         Qualifying for Additional Paternity Leave and Pay

         You may qualify for Additional Paternity Leave and Pay if either:

                 you are the father of a child due on or after 3 April 2011;
                 your wife, partner or civil partner is pregnant and due to give birth to a
                  child on or after 3 April 2011;
                 you and your partner receive notification that you are matched with a child
                  for adoption on or after 3 April 2011; or
                 your spouse or civil partner is adopting a child from overseas and the child
                  enters Great Britain on or after 3 April 2011.

         There are other qualification requirements.

         Additional Paternity Leave

         To quality for leave, you must have been with your employer for at least 26
         weeks by the qualifying week which is either:




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                 the end of the 15th week before the start of the week when the baby is
                  due;
                 the end of the week you are notified you are matched with your child
                  (adopting within the UK); or
                 the date your child enters Great Britain for the purposes of adoption
                  (adopting from overseas).

         You must also still be employed with that employer the week before you want to
         start your leave.

         For you to qualify for Additional Paternity Leave you must be taking the time off to
         care for the child and the child’s mother or adopter must have:

                 been entitled to one or more of the following – Statutory Maternity Leave,
                  Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Leave
                  or Pay; and
                 returned to work and ceased claiming any relevant pay.

         How long can Additional Paternity Leave last?

         Additional Paternity Leave is for a maximum of 26 weeks. If your partner has
         returned to work, the leave can be taken between 20 weeks and one year after
         the child is born or placed for adoption.

         Additional Statutory Paternity Pay

         To qualify for Additional Statutory Paternity Pay you must earn at least the lower
         earnings limit (LEL) for National Insurance contributions in force at the end of the
         qualifying week (£102.00 per week for 2011/2012).

         In addition, the mother, or adopter, must have:

                 returned to work; and
                 stopped claiming any relevant pay, with at least two weeks of unexpired
                  Statutory Pay period remaining

         You must intend to care for the child during your Additional Statutory Paternity
         Pay Period.

         Additional Statutory Paternity Pay is only payable to you during the period of your
         partner’s 39 week Maternity Allowance, Statutory Maternity or Statutory Adoption
         Pay period. The current rate is £128.73 a week or 90 per cent of your average
         weekly earnings if that is less.

5.4      STATUTORY RIGHTS TO ADOPTION LEAVE AND PAY

         Statutory adoption and paternity rights are available to new adoptive parents
         where a child is placed for adoption on or after 6 April 2003. You may have a
         contractual right to adoption and paternity leave and pay as well as your statutory
         right. You may combine these rights and you may take advantage of whichever
         ‘provision’ is more favourable. If you are adopting a child and qualify for the
         Burgundy Book entitlements, the local authority has the discretion to extend to



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         you the relevant post-natal conditions of the Burgundy Book maternity scheme. If
         in doubt, you should seek advice from your NUT regional office in England or
         NUT Cymru in Wales.

         Statutory Adoption Leave

         Statutory adoption leave is available to adoptive parents to prepare for adoption
         or to care for a newly placed adoptive child.

         You will be entitled to take statutory adoption leave, if you:

                 have been matched with a child for adoption;

                 have notified the adoption agency that you agree that the child should be
                  placed with you on the placement date;

                 have been continuously employed by the same employer for at least 26
                  weeks ending with the week you are notified of the match; and

                 give notice and evidence to your employer.

         The maximum length of statutory adoption leave is 52 weeks comprising ordinary
         adoption leave of 26 weeks and additional adoption leave of 26 weeks. You are
         entitled to 52 weeks' leave if the ordinary adoption leave did not end prematurely.

         You may begin your adoption leave on the placement date or up to 14 days
         before the placement date. Where you have chosen to begin leave on the
         placement date and you are at work on that date, your leave begins on the
         following day.

         Applying for Statutory Adoption Leave

         You must give your employer notice of your intention to take statutory adoption
         leave within 7 days of being notified of the match. The notice must be in writing if
         requested by your employer and must state that you intend to take adoption
         leave, the date you wish your leave to begin and the expected date of placement.

         If your employer asks, you must also supply the name and address of the
         agency, the name and date of birth of the child, and the date you were notified of
         the match.

         You may change your leave start date by giving your employer 28 days' notice.

         Within 28 days of receiving notice of your intended adoption leave start date,
         your employer must notify you in writing of the date your leave will end. Adoption
         leave will last for 52 weeks unless you return to work early or the placement is
         disrupted.

         Returning to Work after Statutory Adoption Leave




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         If you return to work early, you must give your employer 8 weeks' notice of your
         intended return otherwise your employer may postpone your return for up to 8
         weeks or to the end of your entitlement if earlier.

         If the adoption is disrupted, your adoption leave will end eight weeks after the
         week the disruption took place. You should give your employer 8 weeks' notice of
         your return.

         Your employment contract continues during your adoption leave. During ordinary
         adoption leave your normal terms and conditions apply, except those relating to
         normal salary. During additional adoption leave your terms and conditions
         relating to notice, redundancy and disciplinary or grievance apply.

         In most cases, if you return to work from ordinary adoption leave and there is no
         redundancy situation you are entitled to return to the same job on the same or
         improved terms and conditions. If a redundancy situation has arisen, you are
         entitled to be offered a suitable alternative position on terms which are not
         substantially less favourable.

         If you return to work from adoption leave which immediately followed additional
         maternity leave or additional adoption leave or parental leave of more than four
         weeks, you are entitled to return to the same job or, if that is not reasonably
         practicable, to an alternative job on no less favourable terms and conditions.

         Statutory Adoption Pay

         Statutory Adoption Pay is a weekly payment made by employers to eligible
         adoptive parents for up to 39 weeks.

         You will be entitled to Statutory Adoption Pay if:

                 the child is, or is expected to be, placed for adoption with you;

                 you have been continuously employed by the same employer for at least
                  26 weeks ending with the week you are notified of the match;

                 you stop work;

                 your weekly earnings for the 8 weeks ending with the week you are
                  notified of the match are at least £102.00; and

                 you have elected to receive Statutory Adoption Pay.

         Applying for Statutory Adoption Pay

         At least 28 days before you wish payment to begin, you must give your employer
         written notice of the date you wish payment to start, the expected placement date
         and the actual placement date, if you wish payment to start on the placement
         date.

         You must supply your name and address, the name and address of the adoption
         agency, and the date you were notified of the match.



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         Where you are entitled to both adoption pay and leave, you may give notice at
         the same time so long as you give notice within 7 days of the date after you were
         notified of the match and no less than 28 days before you wish payment to begin.

         You may choose Statutory Adoption Pay to start on either the date the child is
         placed or on a specific date up to 14 days before the placement date.

         Statutory Adoption Pay will be paid on a weekly basis for 39 weeks or, if earlier,
         until the day you return to work, or for eight weeks after the end of the week the
         placement is disrupted.

         The weekly rate of Statutory Adoption Pay from 6th April 2011 is the lower of
         £128.73 or 90 per cent of your weekly earnings. You may in addition be entitled
         to contractual adoption pay. Statutory Adoption Pay is not payable during a week
         if you work for your employer during any part of a week, the exception being if
         you work for up to 10 KIT days. See paragraph 4.6 of Section 4 for more
         information on this.

         Statutory Paternity Leave for Adoption

         Statutory paternity leave for adoption is absence from work for the purpose of
         caring for a newly placed adoptive child or to support the main adopter.

         You are entitled to paternity leave for adoption if you:

                 are the spouse or partner of the adopter;

                 have responsibility for the child's upbringing;

                 have been continuously employed by your employer for at least 26 weeks
                  ending with the week the child's adopter is notified of the match;

                 have given notice and evidence to your employer.

        You may choose to take either one or two consecutive weeks' paternity leave. If
        eligible, you will receive statutory paternity pay for one or two whole weeks.

        You may take paternity leave before the end of 56 days from the placement date.
        You may begin your paternity leave on the placement date, or a date falling a
        specific number of days after the placement, or a predetermined date after the
        expected date of placement. If you chose to start leave on date of the placement
        and you are at work on that day, leave begins on day after the placement.

        Applying for Statutory Paternity Leave for Adoption

        You must give notice to your employer of your intention to take paternity leave for
        adoption no more than 7 days after the adopter is notified of the match.

        The notice must be in writing if requested by the employer and must specify the
        date the adopter was notified the match, the expected date of placement, the
        length of leave you wish to take, and the date you wish the leave to begin.




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        Where your employer requests, you must supply a signed declaration that the
        purpose of the absence is to care for a child or to support the child's adopter, that
        you are the spouse or partner of the adopter and that you have or expect to have
        the main responsibility for the child's upbringing.

        You may change your leave start date by giving your employer 28 days' notice.

        You must give your employer notice, in writing if your employer requests, of the
        date that the child was placed as soon as possible after the placement.

        You are entitled to take one or two weeks' leave. If you have not started your
        leave and the child is not placed, you will not be entitled to take statutory paternity
        leave. If you have started your leave and the placement is disrupted, you will be
        entitled to take your whole week or two weeks' paternity leave.

        Returning to Work from Statutory Paternity Leave for Adoption

        Your employment contract will continue during your leave and your normal terms
        and conditions, except those relating to your normal salary, will apply.

        In most cases, if you return to work from paternity leave and there is no
        redundancy situation you are entitled to return to the same job on the same or
        improved terms and conditions. If a redundancy situation has arisen, you are
        entitled to be offered a suitable alternative position on terms which are not
        substantially less favourable.

        If you return to work from paternity leave which immediately followed additional
        maternity leave or additional adoption leave or parental leave of more than four
        weeks, you are entitled to return to the same job or, if that is not reasonably
        practicable, to an alternative job on no less favourable terms and conditions.

        Statutory Paternity Pay for Adoption

        Statutory Paternity Pay for adoption is a weekly payment made by employers to
        eligible employees for one or two weeks.

        You will be entitled to Statutory Paternity Pay for adoption if you:

                 are the spouse or partner of the adopter;

                 have responsibility for the child's upbringing;

                 have been continuously employed by the same employer for at least 26
                  weeks ending with the week the adopter is notified of the match;

                 earn at least £102.00 per week for 8 weeks ending with the week the
                  adopter is notified of the match;

                 have been continuously employed with the same employer from the end of
                  the week the adopter is notified of the match to the day of the placement;




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                 have elected to receive Statutory Paternity Pay.

         Applying for Statutory Paternity Pay for Adoption

         You should complete form 'SC4 – Becoming an Adoptive Parent' which gives
         notice of intention to take paternity leave and serves as an application form for
         Statutory Paternity Pay. You must give the employer at least 28 days notice of
         the date from which you wish the payment to start.

         If you are entitled to both paternity pay and leave, you may give notice at the
         same time so long as you give notice no more than 7 days after the date the
         adopter was notified of the match and no less than 28 days before you wish
         payment to begin.

         The weekly rate of Statutory Paternity Pay from April 2011 is the lower of
         £128.73 or 90 per cent of your weekly earnings. You may also be entitled to
         contractual paternity pay. Statutory Paternity Pay is not payable during a week if
         you work for your employer during any part of a week.


5.5     STATUTORY RIGHTS TO UNPAID TIME OFF FOR FAMILY AND DOMESTIC
        REASONS

        All employees have a legal entitlement to take unpaid time off to deal with
        incidents involving employees’ dependants. A dependent is defined as:

                 a spouse or civil partner;

                 a child;

                 a parent;

                 a person living in the same household, other than as an employee, tenant,
                  lodger or boarder.

        A dependent is also any person who reasonably relies on the employee for
        assistance on an occasion when the person falls ill or is injured or assaulted, or to
        make arrangements for the provision of care in the event of illness or injury. This
        will include, for example, elderly relatives or same sex or opposite sex partners
        not living in the same household but reliant on the employee to assist them in the
        event of illness or injury. A dependant is also any person who reasonably relies
        on the employee to make arrangements for the provision of care.

        No qualifying period of service is required, and all employees will have the right to
        time off. A “reasonable” amount of unpaid time off is allowed, although there is no
        definition of what is “reasonable” and it will, therefore, vary according to each
        case and each set of circumstances.

        The right to time off for domestic and family reasons is entirely separate from, and
        additional to, entitlement to parental and or maternity leave. Local arrangements
        for leave of absence should continue unaffected by these new arrangements and




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        may be better than the statutory minimum right to time off because they provide
        leave with pay.




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SECTION 6: RETURNING TO WORK

6.1      YOUR RIGHTS TO RETURN TO YOUR JOB

         Where you take maternity leave under the terms of the Burgundy Book scheme,
         you are entitled to return to your job unless that is not practicable due to
         redundancy. “Your job” means the job which you are employed to do under your
         contract, in the same capacity and in the same place where you are employed. If
         you have complied with the notification requirements outlined above, it is unlawful
         for your employer to expect you to return to another job or on less favourable
         conditions.

         Slightly different provisions on return to work apply to those teachers who are not
         entitled to the benefit of the Burgundy Book provisions and must rely upon the
         statutory provisions. If you return at the end of 26 weeks’ ordinary maternity
         leave, you are entitled to return to the job in which you were employed before
         your absence and on the same contractual terms. You should be treated as if you
         had never taken leave. If you return after additional maternity leave of between
         26 and 52 weeks, however, you are entitled to return either to the job in which
         you were previously employed or, if it is not reasonably practicable for your
         employer to allow you return to that job, to another which is both suitable and
         appropriate for you in the circumstances. The terms and conditions must not be
         less favourable than would have applied if you had not been absent on maternity
         leave.

         For these statutory provisions, the definition of “job” is the nature of the work you
         were employed to do under your contract. If your contract states simply that you
         are employed as “a teacher”, it may mean that your employer can move you to a
         slightly different teaching post on your return. If your employer refuses to take
         you back after ordinary maternity leave or additional maternity leave, this will be
         regarded as an automatically unfair dismissal unless this is for reasons of
         redundancy. It may also amount to sex discrimination. If you return on less
         favourable terms and conditions you may have a claim for breach of contract,
         constructive unfair dismissal, or sex discrimination. Contact your NUT regional
         office in England, or NUT Cymru in Wales, if pressure is placed upon you to
         relinquish your management responsibilities.

         If your post becomes redundant while you are on maternity leave, you are
         entitled, under the Maternity and Parental Leave Regulations and Burgundy
         Book, to be offered ‘a suitable alternative vacancy, where one exists’. Please
         refer to Section 6.2 below for further information on what this means.

         You may be able to return to work part-time or on a jobshare basis if you wish.
         Please refer to Section 6.4 below.

         If you think you have suffered a disadvantage on your return from maternity
         leave, your NUT regional office in England or NUT Cymru in Wales, will be able
         to advise further.




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         Receiving Information about Vacant Posts during Maternity Leave

         Whilst on maternity leave you are entitled to receive information about other
         vacant posts with your employer, in the same way that other employees received
         this information.

         If your employer circulates wider vacancies, from other employers, you are also
         entitled to receive this information. You must bear in mind, however, the
         consequences of not returning to work with your current employer for 13 weeks.
         In such circumstances your employer may reclaim part of the occupational
         maternity pay you have received. See Section 3.6 ‘Returning to Work’ for more
         information.

6.2      REDUNDANCY/REORGANISATION

        If, whilst you are on maternity leave, your school is involved in any reorganisation,
        your employer must inform you of this and give you the opportunity to become
        involved in the process.

        Where you cannot return to your former job in a redundancy situation, you are
        entitled to be offered a suitable alternative vacancy where one exists. The
        definition of a “job” is the nature of the work you were employed to do under your
        contract. If this is phrased simply as “a teacher”, it may mean that your employer
        can move you to a slightly different teaching post on your return.

        The work in the new post must be suitable and appropriate for you to do. The
        capacity and place in which you are employed and your terms and conditions of
        employment must not be substantially less favourable to you, than if you had
        been able to return to your previous job.

        Women taking maternity leave have a special right to be offered a suitable
        alternative post. Where a group of employees are facing redundancy, a woman
        taking maternity leave must be offered any suitable vacancy in priority to other
        employees.

        If you have been selected for redundancy for a pregnancy or maternity-related
        reason, your dismissal will be treated as automatically unfair.

        It would be useful to let your school representative know when you will be taking
        maternity leave so that she or he can keep you informed of any developments
        concerning reorganisation or plans for redeployment in your absence.

        If your employer seeks to make unreasonable changes to your timetable or
        teaching duties or responsibilities in your absence or on your return to work, it is
        essential that you consult your NUT regional office in England or NUT Cymru in
        Wales.

6.3      UNFAIR DISMISSAL AND DISCRIMINATION BECAUSE OF PREGNANCY

         The Employment Rights Act 1996 and Regulation 19 of the Maternity and
         Parental Leave Regulations 1999 protect women against dismissal or detriment
         for reasons connected with pregnancy.




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         The law provides that any dismissal because of pregnancy or a reason
         connected with pregnancy or childbirth will be automatically unfair, irrespective of
         length of service or hours of work. It does not matter whether the job is temporary
         or permanent.

         This statutory protection applies from the beginning of your pregnancy to the end
         of your statutory maternity leave period.

         If you are dismissed for any reason connected with pregnancy or because you
         took maternity leave, you can make a complaint to an employment tribunal.

         Women are also protected from unfair treatment at work in connection with
         pregnancy, childbirth and maternity leave. This could include, for example, being
         harassed, having to do inconvenient timetables or having your job downgraded. If
         you believe that you have been treated unfairly on any of these grounds you can
         complain to an employment tribunal.

         If there are health and safety reasons why you should not continue in your job,
         you must be offered any suitable alternative work available on not substantially
         less favourable terms and conditions. If none is available you must be suspended
         on full pay.

         If you are pregnant when you apply for a new job and you are refused
         employment on the grounds of pregnancy, or believe that this is the reason you
         have not been appointed, you may have been discriminated against under the
         terms of the Sex Discrimination Act 1975.

         If any of the above has happened to you or you require further information
         relating to these acts, please contact your NUT regional office in England or NUT
         Cymru in Wales, as soon as possible for further advice.

6.4      RETURNING TO WORK ON A FLEXIBLE BASIS - PART-TIME OR
         JOBSHARING

         As outlined earlier, you are entitled to return to your former post on the same
         terms and conditions of employment as if you had not left. In addition, however,
         you may, with your employer’s agreement, return to work on a flexible or part-
         time basis, while part-time teachers may similarly return to work on a different
         part-time basis. Part time work may be negotiated on a permanent or temporary
         basis. Another option is returning to work on a job-share basis where you share
         a single full-time post with another teacher.

         Since April 2003, eligible teachers have had a statutory right to request flexible
         working. The regulations set out an application and appeal procedure for
         employers and employees to follow. Employees may request a change to their
         hours, times of work or place of work in order to care for a child under the age of
         17, a disabled child under the age of 18, or an adult aged 18 or over who is
         related to or living at the same address as the employee. However, under the
         scheme, you can make no more than one application in any period of 12 months.
         For this reason, the NUT advises that you make an informal request to your




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         employer initially. Only if the employer refuses an informal request should you
         use the statutory scheme to seek to change your working pattern.

         Good employers will allow new mothers to return to work on a part-time basis.
         An employer who has insufficient justification for refusing such a request may be
         challenged under sex discrimination law.

         The Part-Time Work Regulations mean that teachers who move from full-
         employment to job-shares or part-time working or do so after maternity absence
         are protected against any discriminatory change in their contract terms. Part-
         timers who believe that they have been treated unfairly may now request an
         explanation in writing. This provides an important opportunity for part-timers and
         their employers to resolve any problems before a complaint to an employment
         tribunal becomes necessary.

         It is important to note that if it is agreed that you can return to work on a part-time
         basis, you are still required to complete the equivalent of 13 weeks of your
         previous weekly hours of service on your return to be entitled to full occupational
         maternity pay.

         If you experience difficulties in securing a return to part-time work or to a job-
         share arrangement, it is suggested that you contact your NUT regional office in
         England or NUT Cymru in Wales, for advice. You will need to act quickly, as
         there is a three months’ time limit for the case to be taken to an Employment
         Tribunal, starting from the refusal of the request for alternative working
         arrangements.

         For further information on job sharing, see “Job Share: Guidance for NUT
         Members” available from NUT Headquarters and from your NUT regional office
         in England or NUT Cymru in Wales. For further information on the statutory
         scheme for requesting flexible working, please refer to "NUT guidance on the
         Right to Request Flexible Working".

6.5      EMPLOYERS’ HEALTH AND SAFETY OBLIGATIONS TOWARDS NEW AND
         NURSING MOTHERS

         Facilities for breastfeeding and for expressing/storing milk at school

         Although there is no specific legal entitlement to such facilities, the Health &
         Safety Commission’s guide for employers, "New and Expectant Mothers at Work"
         (HSG 122), advises that "it is good practice to provide a healthy and safe
         environment for nursing mothers to express and store milk. These facilities could
         be included in the suitable resting facilities … provided for pregnant and
         breastfeeding mothers” (para 30) and also that employers might provide "access
         to a private room where women can breastfeed or express breast milk; and use
         of secure, clean refrigerators for storing expressed breast milk while at work"
         (Appendix 1).

         The HSC goes on to remind employers that breastfeeding “may significantly
         protect the health of both mother and infant ... evidence shows that breastfeeding
         can help to protect the mother against cancer and helps protect the child from




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         certain diseases in infancy ... obstacles to breastfeeding in the workplace may
         significantly affect the health of both mother and child" (Appendix 1).

         Rest facilities

         There is, however, a specific entitlement under the Workplace (Health, Safety
         and Welfare) Regulations 1992 to rest facilities for both new and expectant
         mothers. The employer’s obligations with regard to health and safety for new
         mothers - see Section 7 below - may require the employer to allow the teacher to
         be excused supervision duties during mid-morning breaks in order to avoid
         fatigue and excessive standing and also to allow such teachers access to more
         frequent toilet breaks.

         These ‘rest facilities’ are very likely to also be a suitable place for breastfeeding
         or expressing. Although private, the ladies toilet is never a suitable place in
         which to breastfeed a baby or collect milk.

         Maternity Action has published a helpful information sheet ‘Continuing to
         breastfeed when you return to work’ which addresses all the above issues as well
         as offering practical advice about continuing breastfeeding once back at work.
         It’s available from the Maternity Action website at www.maternityaction.org.uk.




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SECTION 7: PREGNANCY AND HEALTH AND SAFETY

In addition to general health and safety legislation, new and expectant mothers
are also covered by additional specific requirements contained in the
Management of Health and Safety at Work Regulations 1999 and the Workplace
(Health, Safety and Welfare) Regulations 1992.

RISK ASSESSMENT FOR NEW AND EXPECTANT MOTHERS

As soon as you have notified your employer in writing of your pregnancy, your employer
is required under the terms of the Management Regulations to assess the specific risks
to your condition arising out of your work and take appropriate steps to eliminate them.

If a particular risk cannot be eliminated, you should be offered suitable alternative work.
If none is available, you should be medically suspended on your normal remuneration for
as long as necessary. Your employer is entitled to ask for written confirmation of your
pregnancy from a registered medical practitioner or a registered midwife. Your employer
must keep the assessment under review.

Although pregnant or breastfeeding teachers are unlikely to be exposed as a result of
their work to particularly hazardous substances such as lead, there are many other
hazards which need to be considered by an employer. The Health and Safety
Commission’s guidance document, “New and Expectant Mothers at Work : a Guide for
Employers”, gives detailed guidance to employers on their obligations and on the steps
which they may need to take to meet these.

Some of the most common issues which employers may need to address are
considered below.

Fatigue

Fatigue is a natural consequence of pregnancy, whatever the woman’s occupation. In
recognition of this, the Workplace Regulations stipulate that employers must provide
suitable facilities for pregnant women employees and nursing mothers to rest. The
accompanying Approved Code of Practice to these regulations states that rest facilities
for pregnant women should be conveniently situated in relation to sanitary facilities and
should include the facility to lie down.

Fatigue is a particular problem in the early and late stages of pregnancy. Employers
should, therefore, consider whether a pregnant teacher’s workload should be temporarily
reduced. One way in which this could be achieved would be for a school to not require a
pregnant teacher to attend certain non-essential evening meetings and to reduce the
burden of cover, particularly in relation to classes known to be particularly stressful.

Lifting

Assessing the risks of manual handling of loads is required by the Manual Handling
(Operations) Regulations 1992. Particular allowances should be made for pregnant
women because of the increased susceptibility to injury. Where lifting or carrying needs
to be done, pregnant women should make arrangements for this work to be undertaken
by another person or, failing this, report the matter to the head teacher. A new mother




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may be at risk if, for example, she has had a caesarean section, in which case there is
likely to be a temporary limitation on her lifting and handling capabilities. There is no
evidence to suggest that breastfeeding mothers are at a greater risk from manual
handling than any other workers.

Infectious Diseases

General advice on infectious diseases in schools, including the above, is published by
the DCSF and further information can be obtained from local authorities or health
authorities. As they are in contact with large numbers of children, pregnant teachers
may, of course, be more vulnerable than other pregnant women to contracting infectious
diseases. The following sections look at a number of infectious diseases which can pose
a danger to unborn children and are, therefore, particularly relevant to pregnant
teachers.

Rubella is an infectious disease which, if caught during early pregnancy, can cause
serious damage to the unborn child. The Burgundy Book national teachers’ sick pay
scheme recognises that women teachers are particularly vulnerable to contracting the
disease. The sick pay scheme provides that teachers in the early months of pregnancy
may stay away from their school on full pay if a doctor considers it advisable because of
the risk of rubella, although such teachers may be required to teach in another school
where there is no such risk. The NUT would argue, however, that there is no absolute
guarantee that such an alternative school would itself be free from the risk of rubella. In
all cases, therefore, where you are notified that you should teach in a different school,
you should seek advice without delay both from your GP and your NUT regional office in
England or NUT Cymru in Wales.

To minimise the risk of contracting rubella still further, if you are planning a pregnancy,
you are advised to undergo a blood test to check whether you are already immune to
rubella or whether you need to be vaccinated.

Chickenpox during pregnancy can, on rare occasions lead to infection in the unborn
baby, which in turn can lead to learning disabilities, limb abnormalities and skin scarring.
The risk of adverse effects occurring in the unborn baby is highest in the second
trimester or three month period of pregnancy, where there is a 2 per cent risk, and
lowest in the first trimester, where there is a less than 0.5 per cent risk. In addition,
newborn babies are at particular risk from severe chickenpox if infected from the mother
in the first few days of life. Chickenpox acquired from the mother in this way can be life-
threatening to a newborn child. As a general rule, unless you are certain that you have
had chickenpox, you should assume that you are not immune, and should act
accordingly. In such circumstances you can check with your GP whether you have
immunity to the disease. This can be done by means of a blood test. The DfES and
Department of Health advise women who are exposed early in pregnancy, the first 20
weeks, or very late in pregnancy, the last three weeks before birth, to do this; but the
NUT advises that it is sensible to do this without waiting for these circumstances to arise.

If you find out that you are not immune from past infection you should avoid contact with
any known cases of chickenpox at school and should seek advice from your GP as to
whether you should absent yourself from the school to avoid infection in such
circumstances. Paragraph 11.1 of The Burgundy Book sick pay scheme, provides that
teachers who are advised by a medical practitioner that it is inadvisable to attend school
for precautionary reasons due to infectious disease in the workplace shall be allowed full




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sick pay during this period; and that this period of absence shall not be reckoned against
a teacher’s normal entitlement to sick leave under the teachers’ sick pay scheme.

Slapped cheek disease (Parvovirus) is transmitted via respiratory secretions and can
occasionally affect an unborn child. If you know you have been exposed, you should
inform your GP, or whoever is providing your antenatal care.

Chlamydia Psittaci infection, caught mainly from sheep, can result in the death of the
unborn child or premature delivery. Pregnant teachers should avoid visiting farms at
lambing time or other contact with lambing sheep.

Cytomegalovirus (CMV) is a version of the herpes virus which is found in a significant
proportion of the population. Healthy people with a normal immune response will only
generally suffer mild symptoms such as a sore throat and a raised temperature – making
it difficult to distinguish from other viral infections. However, adults with suppressed
immunity and unborn or newborn babies are at a greater risk. If a woman gets infected
with CMV during early pregnancy, it can cause miscarriage. Alternatively, the baby may
be born with problems such as deafness.

If CMV is caught later in pregnancy, it can cause premature labour, stillbirth or severe
abnormalities in the newborn child.

The key preventative measure is rigorous adherence to good personal hygiene practices
throughout your pregnancy. Wash hands thoroughly, especially if there is or may have
been a risk of contamination with the bodily excretions or secretions of other children,
e.g. saliva, faeces or blood.

If you work with very young children or in a special school, you may be at a higher risk; if
in doubt, seek advice from your medical practitioner.

Display Screen Equipment

Although there is no proof of a link between radiation and miscarriage, a head teacher
should consider the possible risks involved and be asked to re-organise your work if it
involves an element of computer use and if you are concerned about the risk.

Passive Smoking

Passive smoking has now been proven conclusively to constitute a health risk. Pregnant
women require special protection since breakdown products from tobacco smoke have
been found in the human foetus. The smell of tobacco smoke can also be particularly
nauseating to a pregnant woman who is suffering from pregnancy-related sickness.

Smoking is prohibited in workplaces and public places so pregnant teachers should not
have to worry about exposure to tobacco smoke.

Injuries caused by Collision or Assault

All pregnant workers are protected by the legal duty which requires employers to assess
and address the specific risks they face because of their condition. Pregnant teachers
are, therefore, entitled to expect that, where necessary, schools take action to reduce
the risk of unintended playground collisions or of assault by pupils who are known to



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have disruptive and violent tendencies. This might, for example, involve excusing
pregnant teachers from playground supervision duties and making sure that violent
pupils are removed from their classes.

Toilet Provision

Women in the early and late stages of pregnancy often need to visit the toilet more
frequently than anyone else. Arrangements should, therefore, be made to ensure that
they are able to do so.

Post-Natal Depression

Post-natal depression is a relatively common condition which affects as many as ten per
cent of women who have recently had a baby. Most women experience the ‘baby blues’
within the first week after the birth of their baby. They feel emotional and weepy but
these feelings generally reduce once mothers become used to the new demands of
caring for a young baby. For some women, however, the ‘baby blues’ don’t disappear
and the symptoms become more distressing. In other cases, the condition may develop
more slowly and may not be noticeable until several weeks after the birth.

These are many possible symptoms of post-natal depression. They include extreme
anxiety, feelings of panic, inability to concentrate, sleep difficulties and obsessive
thoughts.

The good news is that post-natal depression is a treatable illness. Any mother who
thinks she may be suffering from post-natal depression should see her doctor as soon
as possible. There are many different treatments available, including anti-depressant
drugs and/or counselling.

For information on what to do if you are suffering from post-natal depression at the time
when you are due to return from maternity leave, see section 3.8 of this document.




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SECTION 8: HAVING YOUR BABY: FURTHER INFORMATION

8.1      NATIONAL INSURANCE

         It is important to note that if you are taking any unpaid maternity leave no national
         insurance payments will be made on your behalf, which might affect your
         entitlement to some state benefits.

8.2      SUPERANNUATION AND PENSION RIGHTS

        During your period of paid absence, when you are receiving either your 18 weeks’
        contractual pay under the Burgundy Book scheme, or statutory maternity pay,
        superannuation contributions will be deducted and your pensionable service will
        continue to increase. If, however, you choose to take a period of unpaid absence,
        this will not be covered for superannuation purposes. You may choose to protect
        your pension by buying in additional pension to compensate for that absence.
        Full details are available from the Teachers’ Pensions website at
        www.teacherspensions.co.uk.

        If you return on a part-time basis, your employer will continue to deduct payments
        because part time service is automatically pensionable. The pro rata salary will
        be subject to contributions of 6.4 per cent and the reckonable service will be on a
        pro rata basis according to the proportion which the earnings bear to the full time
        equivalent salary. For example, a teacher employed part time who earns £15,000
        over the year, whose full time equivalent is £30,000, will be credited with 6
        months’ reckonable service.

8.3      STATE MEDICAL BENEFITS

         You are entitled to free NHS dental treatment while you are pregnant, provided
         that you were pregnant at the start of the treatment, and for a year after your
         baby’s birth. If you tell your dentist that you are pregnant, you will not have to
         pay. Check first, however, that you are receiving NHS, not private, dental
         treatment.

         You get free NHS prescriptions automatically while you are pregnant and for a
         year after your baby’s birth. You do not have to pay for any prescriptions for your
         baby, or for any other child who is under 16. Applications for free prescriptions
         should be made on Form FW8, available from your doctor, midwife or health
         visitor.

8.4      HEALTH IN PREGNANCY GRANT

         Pregnant women are entitled to claim a one-off tax-free payment from HM
         Revenue & Customs (HMRC). The payment can be claimed once you are at
         least 25 weeks’ pregnant.

         Who can get Health in Pregnancy Grant?

         You can get the grant if all of the following apply:




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             you are 25 weeks pregnant or more;
             your expected date of delivery is on or after 6th April 2011; and
             you have been given health advice from a midwife or doctor.

         You may not get the grant if:

             you are subject to immigration control; or
             you are not present, ordinarily resident or do not have a right to reside in the
              UK.

         How much will I get?

         The grant will be a one-off payment of £190 for each pregnancy. It will not affect
         your tax credits or any other benefits. Everyone gets the same amount – you will
         not be asked about your income.

         How do I claim?

         Get a claim form from your midwife or doctor when you’re at least 25 weeks
         pregnant. Your midwife or document must fill in their part of the form and sign it
         before giving it to you.

         You will need to get your claim form to HMRC within 31 days of your midwife or
         doctor signing the form – otherwise you may miss out on the grant.

8.5      CHILDCARE VOUCHERS PROVIDED UNDER A SALARY SACRIFICE
         SCHEME – IMPACT ON STATUTORY MATERNITY PAY (SMP)

         Since 2006, all teachers have been able to take part in ‘salary sacrifice’ schemes
         if such a scheme is offered by their employer. These schemes allow employees
         to obtain certain kinds of benefit – in particular childcare vouchers – on a tax-free
         basis in return for surrendering part of their pay. To give an example of how the
         scheme works, an employee whose employer operates such a scheme could
         obtain £55 in childcare vouchers per week, in return for giving up £55 in gross
         pay, which would otherwise be reduced to approximately £35-£40 in take-home
         pay, after income tax and NI deductions.

         Although this scheme has obvious benefits to teachers paying for childcare, it is
         important that you are aware of a pitfall in the operation of the scheme in relation
         to calculation of Statutory Maternity Pay (SMP).

         SMP must be calculated on the basis of net pay during the ‘relevant period’. This
         is the period of 8 weeks between the 17th and 25th week of the pregnancy. If you
         are receiving childcare vouchers under a salary sacrifice scheme, your net pay
         for the purposes of SMP will not include the childcare voucher element of your
         pay, so your SMP will be paid at the reduced rate.

         If the arrangements for vouchers in your particular scheme allow you to do so,
         you can avoid this reduction by suspending your childcare vouchers during the 8
         week period, i.e. between weeks 17-25. You can then apply for the vouchers to
         recommence after the 8 weeks, providing that the scheme allows you to do this.




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         If you work part time, you should also be aware that childcare vouchers under a
         salary sacrifice scheme effectively reduce the amount of tax, and NI contributions
         that you pay on your salary. If you are in full time employment, the vouchers
         shouldn’t affect your entitlement to SMP, but if you work part time, check that the
         vouchers won’t reduce your average weekly salary to below the lower earnings
         limit (£102.00 a week in 2011/2012).

         See also paragraph 3.7 of this document for further information about receiving
         childcare vouchers during your maternity leave.

8.6      ENTITLEMENT TO PAID MATERNITY LEAVE FOR WOMEN HAVING A BABY
         THROUGH SURROGACY

         There is no entitlement to statutory maternity pay (SMP) or statutory maternity
         leave (SML) for women who use surrogacy to have a baby. The same goes for
         Statutory Adoption Pay and Leave.

         Some employers may choose to extend the relevant post-natal sections of the
         Burgundy Book scheme to women who have a baby through surrogacy, but there
         is, unfortunately, no entitlement in this respect. However, women with an
         underlying disability which prevents them from conceiving or carrying a child to
         term may be able to request maternity leave and pay as a ‘reasonable
         adjustment’.




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SECTION 9: USEFUL ADDRESSES AND GLOSSARY

9.1      USEFUL ADDRESSES

Gingerbread

307 Borough High Street
London SE1 1JH
Tel: 0800 0184318
www.gingerbread.org.uk

Supports single parents and their children by providing advice on financial, social and
legal problems. Has over 300 local self-help groups and operates holiday schemes.

4 Children

City Reach
5 Greenwich View Place
London E14 9NN
Tel: 020 7512 2112
www.4children.org.uk

Offers practical support to individuals and groups wanting to set up play-care clubs and
holiday play schemes for school-age children. Offers information about where clubs
already exist.

Working Families

1-3 Berry Street
London EC1V 0AA
Tel: 020 7253 7243
www.workingfamilies.org.uk

Campaigns for improvements in rights and services for parents and babies and
produces material explaining how to claim benefits and employment rights.

Miscarriage Association

C/o Clayton Hospital
Northgate
Wakefield
West Yorkshire WF1 3JS
Tel: 0131 334 8883
www.miscarriageassociation.org.uk

Gives support and information to women and their families during and after miscarriage.
Promotes good practice in the way miscarriage is managed in hospitals.




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Maternity Action

Unit F5, 89-93 Fonthill Road
London, N4 3JH
Tel: 020 7381 7816
www.maternityaction.org.uk

Maternity Action works to end inequality and promote the health and wellbeing of all
pregnant women, their partners and children from before conception through to the
child’s early years.

National Association for Maternal and Child Welfare

40-42 Osnaburgh Street
London N1 3ND
Tel: 020 7383 4541

Promotes education in matters regarding the welfare of mothers and young children.
Produces leaflets on child care.

National Childbirth Trust

Alexandra House
Oldham Terrace
Acton
London W3 6NH
Enquiry line: 0870 770 3236
www.nct.org.uk

Charity concerned with education for pregnancy, birth and parenthood, with over 300
branches and groups all over the country. Antenatal classes, support with breast-feeding
and help and support after the baby is born are main areas of work.

National Childminding Association

Royal Court
81 Tweedy Road
Bromley
Kent BR1 1TG
Tel: 0800 169 4486
www.ncma.org.uk

Campaigns, coordinates and provides information on childminding. They have produced
a leaflet on how to find a childminder.


One Parent Families Gingerbread

255 Kentish Town Road
London NW5 2LX
Tel: 0800 018 5026
www.oneparentfamilies.org.uk




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Campaigns, coordinates and provides information on issues concerning single parents
and their children.

Stillbirth and Neonatal Death Society (SANDS)

28 Portland Place
London W1B 1LY
Tel: 020 7436 5881 (helpline)
www.uk-sands.org

Provides support for parents who have suffered a stillbirth or lost a newborn baby.

Association for Post-Natal Illness

145 Dawes Road
Fulham
London
SW6 7EB
Tel: 020 7386 0868
www.apni.org

Perinatal Illness UK

PO Box 49769
London
WC1H 9WH
Tel: 07925 144 411
www.pni-uk.com


9.2      GLOSSARY OF TERMS

         Burgundy Book: This document sets out the national teachers’ conditions of
         service agreements, including maternity leave and pay. There must be a copy in
         every school.

         Ordinary Maternity Leave: All pregnant employees are entitled to 52 weeks’
         maternity leave, the first 26 weeks’ of which is classed as ‘ordinary maternity
         leave’. Pay during this time will depend on a number of factors. See section 3.3.

         Additional Maternity Leave: Additional maternity leave begins at the end of
         ordinary maternity leave and lasts 26 weeks.

         EWC:                       Expected week of childbirth

         SMP:                       Statutory Maternity Pay

         MA:                        Maternity allowance

         QW:                        Qualifying week




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         Form MAT B1:               Maternity Certificate available from your midwife.

        Notifying the Employer: Arrangements for who to contact when notifying “the
        employer” will be determined locally. You should check, in advance, the
        arrangements for notification applying in your school or college. The NUT
        believes, however, that the notification requirement is satisfied if the notification is
        given by the due date to your head teacher or principal.

        Continuous employment or continuous service: For employment to be
        deemed to be “continuous” for the purpose of maternity rights, it is normally
        necessary for employment to be unbroken or at least for contracts to follow on
        without a full week’s break. Breaks can only be “bridged” in exceptional
        circumstances. For example, for the purposes of statutory maternity leave and
        pay and for parental leave, continuity is not broken where a teacher moves from
        the employment of a local authority to the employment of a school maintained by
        the same local authority or vice versa. Continuity of employment is not broken by
        a succession of fixed-term contracts, provided they are end-on to each other.
        Teachers employed on a “supply” basis may also qualify as having continuous
        service where such employment has been regular throughout the school terms for
        the required period. Most supply teachers will not be eligible for the Burgundy
        Book provisions - see Section 1.




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APPENDIX A: LETTER OF NOTIFICATION OF PREGNANCY

- to be sent to your employer no later than the end of the 15th week before the
week in which the baby is due.



"This letter is to notify you of my pregnancy. My expected date of childbirth
is…………………. I enclose a medical statement from my doctor (MAT B1)*, which
confirms that date.

It is my intention to exercise, at the conclusion of my absence for maternity, my right to
return to my present teaching post.

I intend to commence maternity leave on ……………. and I would like my maternity pay,
statutory and contractual, to start on that date.

I will give you at least 28 days’ notice of any change to this date."



*Alternatively, where appropriate, this could read:

"I will forward to you as soon as possible a medical statement from my doctor".



This letter of notification covers the matters referred to in the sections headed Beginning
Your Maternity Leave and Returning to Work and is suggested for your use where
appropriate.




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APPENDIX B: ADDRESSES OF NUT REGIONAL OFFICES IN ENGLAND AND
NUT CYMRU IN WALES

Region 1: Northern

NUT Regional Office
Auckland House, High Chare
Chester-le-Street
Co. Durham DH3 3PX

Tel: (0191) 389 0999/Fax: (0191) 389 2074

(City of York, Cumbria, Darlington, Durham, Gateshead, Hartlepool, Middlesbrough,
Newcastle, Northumberland, North Tyneside, North Yorkshire, Redcar and Cleveland,
S.Tyneside, Stockton, Sunderland)

Region 2: North West

NUT Regional Office
25 Chorley New Road
Bolton BL1 4QR

Tel: (01204) 521434/Fax: (01204) 362650

(Blackburn with Darwen, Blackpool, Bolton, Bury, Cheshire, Halton, Isle of Man,
Knowsley, Lancashire, Liverpool, Manchester, Oldham, Rochdale, Salford, Sefton, St
Helens, Stockport, Tameside, Trafford, Warrington, Wigan, Wirral)

Region 3: Yorkshire/Midland

NUT Regional Office
7 Chequer Road
Doncaster DN1 2AA

Tel: (01302) 342448/Fax: (01302) 341021

(Barnsley, Bradford, Calderdale, Derby City, Derbyshire, Doncaster, East Riding of
Yorkshire, Hull, Kirklees, Leeds, Lincolnshire, North East Lincs, North Lincs, Nottingham
City, Nottinghamshire, Rotherham, Sheffield, Wakefield)

Region 4: Midlands

NUT Regional Office
Jarvis House, 96 Stone Road
Stafford ST16 2RS

Tel: (01785) 244129/Fax: (01785) 251856

(Birmingham, Coventry, Dudley, Herefordshire, Leicester City, Leicestershire, Rutland,
Sandwell, Shropshire, Solihull, Staffordshire, Stoke on Trent, Telford and Wrekin,
Walsall, Warwickshire, Wolverhampton, Worcestershire)




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Region 5: Eastern

NUT Regional Office
Elm House, Kennett Park
Moulton Road, Kentford
Nr. Newmarket,
Suffolk, CB8 8GF

Tel: (01638) 555300/Fax: (01638) 666480

(Bedfordshire, Buckinghamshire, Cambridgeshire, Essex, Hertfordshire, Luton, Milton
Keynes, Norfolk, Northamptonshire, Peterborough, SCS (Germany), Southend-on-Sea,
Suffolk, Thurrock)

Region 6: South East

NUT Regional Office
Britton House
College Road
Ardingly
Haywards Heath
West Sussex RH17 6TT

Tel: (01444) 894500/Fax: (01444) 894516

(Bracknell Forest, Brighton and Hove, East Sussex, Hampshire, Isle of Wight, Kent,
Medway, Oxfordshire, Portsmouth, Reading, Slough, Southampton, Surrey, West
Berkshire, West Sussex, Windsor & Maidenhead, Wokingham)

Region 7: South West

NUT Regional Office
1 Lower Avenue, Heavitree
Exeter EX1 2PR

Tel: (01392) 258028/Fax: (01392) 286818

(Bath and North East Somerset, Bournemouth, Bristol, Cornwall, Devon, Dorset,
Gloucestershire, Guernsey, Isles of Scilly, Jersey, North Somerset, Plymouth, Poole,
Somerset, South Gloucestershire, Torbay, Swindon, Wiltshire)

Region 8: London

London Region, Hammersmith
Ravenscourt House, 322A King Street
London W6 0RR

Tel: (020) 8846 0600/Fax: (020) 8563 8877




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London Region, Ilford
103 Cranbrook Road
Ilford
Essex IG1 4PU

Tel: (020) 8477 1234/Fax: (020) 8477 1230

(Barking and Dagenham, Barnet, Bexley, Brent, Bromley, Camden, City of London,
Croydon Ealing, Enfield, Greenwich, Hackney, Hammersmith/Fulham, Haringey Harrow,
Havering, Hillingdon, Hounslow, Islington, Kensington/Chelsea, Kingston, Lambeth,
Lewisham, Merton, Newham, Redbridge, Richmond, Southwark, Sutton, Tower Hamlets,
Waltham Forest, Wandsworth, Westminster)

Wales: NUT CYMRU

NUT Cymru
Ty Sinnott
18 Neptune Court
Vanguard Way
Cardiff CF24 5PJ

Tel: (029) 2049 1818/Fax: (029) 2049 2491

(Blaenau Gwent, Bridgend, Caerphilly, Cardiff, Camarthenshire, Ceredigion, Conwy,
Denbighshire, Flintshire, Gwynedd, Merthyr Tydfil, Monmouthshire, Neath and Port
Talbot, Newport, Pembrokeshire, Powys, Rhondda Cynon Taff, Swansea, Torfaen, Vale
of Glamorgan, Wrexham, Ynys Mon)




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APPENDIX C: PREGNANCY AND MATERNITY PLANNER



                            DURING YOUR PREGNANCY


In the early weeks:         Consult ‘Maternity Matters’ to check whether you are entitled
                            to the Burgundy Book maternity scheme, the statutory
                            scheme, or both. Establish the length of your continuous
                            service.
                            As soon as you have notified your employer, in writing, of your
                            pregnancy, your employer must assess any specific risks to your
                            condition and take appropriate steps to eliminate them.
                            Once your employer knows you are pregnant, if you are sacked
                            for a reason connected with your pregnancy, it will automatically
                            be unfair dismissal.
                            You are entitled to paid time off to go to antenatal appointments.
                            This includes relaxation and parent-craft classes. Except in the
                            case of a first appointment, be prepared to provide an
                            appointment card.


Week 24:                    If your baby is stillborn after the 24th week of pregnancy, then all
                            maternity rights apply in full.


Week 25:                    To gain entitlement to Statutory Maternity Pay, you must have
                            worked for your current employer for 26 continuous weeks by the
                            end of this week. The end of this week is the deadline for giving
                            notice that you are pregnant, letting your employer know your
                            expected week of childbirth and giving written notice of the date
                            on which you intend to start your maternity leave. Teachers taking
                            leave under the Burgundy Book scheme must declare that they
                            intend to return to work at the end of the period of maternity leave.


Week 29:                    This is the earliest you can begin your maternity leave.


Week 36:                    You can choose when to start your maternity leave but, if you are
                            off sick for a pregnancy-related reason in the last four weeks of
                            pregnancy, your employer will require you to begin your maternity
                            leave. If your baby is born early, your maternity leave and pay
                            starts on the following day.




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                            AFTER YOUR BABY IS BORN


Week of childbirth: Don’t forget to claim child benefit. You must put in a claim within
                    three months of the birth for it to be paid from the date of birth.


During your post- You only need to give notice of your return to work if you are
natal   maternity returning earlier than at the end of the leave to which you are
leave             entitled. If you wish to return to work early, you must give your
                  employer 21 days' written notice, if you are entitled to the
                  Burgundy Book provisions, or 8 weeks’ written notice if you are
                  only entitled to the statutory provisions.


Week 53:                    You must return at the beginning of this week. Your employer
                            should have notified you of the exact date within 28 days of
                            receiving your notification of pregnancy and start date of leave. If
                            you are ill on the date of your return from maternity leave, you
                            should inform your school, as soon as possible, and submit a
                            medical certificate from your doctor.


Once you are back To retain maternity pay received under the Burgundy Book
at work:          scheme, you are required to complete at least 13 weeks’ full-time
                  service, or its part-time equivalent, on your return to work. If you
                  were working part-time prior to maternity leave, you are required
                  to complete 13 weeks’ part-time service. This period includes both
                  term time and school holidays. There is no need to return to work
                  if you claimed SMP only and there is no need to repay SMP if you
                  do not return for 13 weeks.




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